U.S. Code » Title 5 » Part PART III— EMPLOYEES › Subpart Subpart D— Pay and Allowances › Chapter CHAPTER 53— PAY RATES AND SYSTEMS › Subchapter SUBCHAPTER V— STUDENT-EMPLOYEES

5 U.S.C. § 5351

Definitions

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For the purpose of this subchapter—(1) “agency” means an Executive agency, a military department, and the government of the District of Columbia; and(2) “student-employee” means—(A) a student nurse, medical or dental intern, resident-in-training, student dietitian, student physical therapist, and student occupational therapist, assigned or attached to a hospital, clinic, or medical or dental laboratory operated by an agency; and(B) any other student-employee, assigned or attached primarily for training purposes to a hospital, clinic, or medical or dental laboratory operated by an agency, who is designated by the head of the agency with the approval of the Office of Personnel Management.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 472; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)

Historical and Revision Notes

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

 

5 U.S.C. 1052.

Aug. 4, 1947, ch. 452, § 2, 61 Stat. 727.

The section is restated in definition form. In paragraph (1), the words “an Executive agency, a military department” are coextensive with and substituted for “department, agency, or instrumentality of the Federal Government” in view of the definitions in sections 105 and 102.

The exception from the Classification Act of 1923, as amended, is omitted as obsolete and superseded by the Classification Act of 1949, as amended, which is carried into this title. The present exception from the Classification Act of 1949, as amended, is carried into section 5102(c)(16).

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial NotesAmendments

1978—Par. (2)(B). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”.

Statutory Notes and Related SubsidiariesEffective Date of 1978 Amendment

Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

Notes of Decisions
Cited in 3 cases, 1972–2003 · leading case: McGuinness v. Univ. of New Mexico Sch. of Med., 170 F.3d 974 (10th Cir. 1998).
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McGuinness v. Univ. of New Mexico Sch. of Med., 170 F.3d 974 (10th Cir. 1998). “See 5 U.S.C. § 5351 (2). The fact that Mr. McGuinness completed federal employment applications, took a federal oath of office, and was covered by the New Mexico Tort Claims Act, see Aplt.”
Lawrence Waters by His Next Friend, Jerry Waters v. United States, 458 F.2d 20 (8th Cir. 1972). “The question is not whether he was a “student” or “student employee,” see 5 U.S.C. §§ 5351 , 8101(17) and 8144, but whether he was an employee.”
Silbar v. Off. of Pers. Mgmt., 89 F. App'x 692 (Fed. Cir. 2003). “Pursuant to 5 U.S.C. § 5351 (2), a “student-employee” is defined as one of several categories of medical professional students who are “assigned or attached” to a hospital, clinic, or mental or dental laboratory operated by an agency or some other category of student-employee…”
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